Success story

Claim for damages against a restaurant chain that acquired a franchise of specialized pizza restaurants

Context:

A restaurant chain acquired a restaurant franchise from its main competitor, but was unable to start operations because the competitor had removed all the special ovens (which provided a distinctive flavor to the pizzas) from the premises sold.

How we helped:

  • The purchase contract was analyzed in detail and the important elements to demonstrate the damage caused were determined, given that the purchasing company did not carry out or include an inventory in the purchase.
  • The ways of recovering the money were identified: execution of the guarantees given for future payments of the transaction.
  • The value of the transaction was reduced and the damages caused (consequential damages, loss of profits and moral damages) were quantified.

Result:

  • The removal of the ovens was justified due to the non-compliance with the true and fair view clause.
  • The guarantees granted in the transaction by the seller were immediately executed.
  • The legal proceedings were won.